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1. The plaintiff's appeal and the conjunctive claim added in the trial are dismissed, respectively.
2. The costs of appeal and the costs of appeal shall be considered in the trial.
Reasons
1. Judgment on the plaintiff's primary claim
A. The Plaintiff’s assertion (1) at the Defendant’s request, lent a total of KRW 16,572,143 to the Defendant from March 12, 2014 to May 2014, as indicated below, and the Defendant is obliged to pay the Plaintiff KRW 16,572,143 and delay damages.
(2) The defendant was invested in the amount equivalent to the above KRW 16,572,143 from the plaintiff, and did not borrow the above amount from the plaintiff.
B C B
B. In a case where a person transfers money to another person’s deposit account, etc., the remittance may be made based on various legal causes, such as loans for consumption, donations, and repayment, and thus, it cannot be readily concluded that there was an agreement among the parties to a loan for consumption solely on the sole basis of the fact that such remittance was made (see Supreme Court Decision 2012Da30861, Jul. 26, 2012). The burden of proving that such an agreement was jointly made is the Plaintiff asserting that the remittance was made based on the loan for consumption.
(See Supreme Court Decision 2014Da26187 Decided July 10, 2014). In light of the foregoing legal doctrine, the health account in this case was not prepared a loan certificate, which is an objective material to support the Defendant that the Plaintiff claimed as a loan, and there is no proof as to the maturity of payment, the agreement of interest, and the payment of interest. If the Plaintiff claimed as a loan, the transfer of the above money to the account in the name of the Defendant is usual. However, the amount directly transferred to the account in the name of the Defendant is limited to KRW 1 million in total, and the remaining amount is limited to KRW 9.5 million, and the Plaintiff deposited to the account in the name of the Defendant and then notifies the Defendant of the passbook and password or selected to transfer it to the account in accordance with the Plaintiff’s direct transaction partner. In light of the fact that it appears to have been confirmed or participated in the process of executing the Defendant’s business fund.